Uk Debt Chasing Me

[Owain]

Debts where a CCJ has been issued are not covered by the Limitation Act, 1980, therefore they can not become 'Statute Barred'. However the claimant must have a very good reason to ask the Courts to enforce a CCJ which is over 6 years old.

You would need put in your defence that you were unaware of the original CCJ and, since no action had been taken, until now, to 'enforce that ccj' you had, at the time, been unable to submit a defence.

The guys defence would be that he ran away from the debt to Thailand. You think the court would take that? I doubt it.

[Monkeypants]

Yes if he was unaware of the original CCJ.

Sorry for wandering

I will only respond to topical questions raised by the OP.

But if you wish to start a new Topic Owain, I may contribute

[Owain]

Yes if he was unaware of the original CCJ.

Sorry for wandering

I will only respond to topical questions raised by the OP.

But if you wish to start a new Topic Owain, I may contribute

I was just posting because the information you first posted was in correct. Anyway getting back on topic now the Op has talked to the agency about the debt they have another 6 years to get the money back. I doubt very much they will bother coming to Thailand or pursuing it at home now they know he is out of the country. If you have no assets in the UK then do not worry about it. The worst they can do is make you bankrupt and there is really no point in them doing that if you have no assets as this will cost them more money. Enjoy your time in Thailand and forget about them is my advice.

Edited January 16, 2009 by Owain

[Monkeypants]

The information I posted was and is correct, however you introduced the "What if a CCJ was issued".

To which I then responded.

OP please, enjoy your beer and forget about it.

[Owain]

The information I posted was and is correct, however you introduced the "What if a CCJ was issued".

To which I then responded.

OP please, enjoy your beer and forget about it.

It was not correct as you left out that if they had a CC judgement against them then the limitations act would be void. What you posted came across as you could just skip out and the limitations act would mean you would not have to pay the money back. Which was in correct.

This is from the national debt council:

Creditors may or may not chase you. But if they get a county court judgement they would be able to use enforcement against at any point if you returned to the UK.(NB the statute of limitations becomes irrelevant if a judgement has been obtained.)

They would know you were back in the UK if you started to apply for credit, because it would show up on your credit reference file and would alert the gone away information network that creditors use specifically to catch up with defaulting debtors.

If there is a reciprocal agreement between the UK and the country you end up in any UK judgement could be enforced there, too, thru the local courts. There are also international tracing agencies that crediors sometimes use to locate defaulters over seas.

[Mario2008]

From law firm Tilleke and Gibbens

http://www.tillekeandgibbins.com/Publicati...sics/index.html

FOREIGN JUDGMENTS

Foreign judgments are neither binding on nor enforceable in Thailand. Thailand is not a

party to any unilateral or multilateral treaties or conventions on the enforcement of foreign

judgments. Foreign decrees are sometimes acceptable as evidence in Thai courts, and can be

persuasive, provided they are not offensive to Thai public policy.

[Patriciachas]

I have a worrying question which i hope someone can help clarify for me-

I have a long outstanding debt to a UK Bank, not big, but enough. The debt collecting agency got my number here and has now said that if i don't pay it will be passed to the courts in UK to get a court order to approach immigration here and request the cancellation of any visas i have to stay in Thailand. I work here on a non B. Is this really possible ? Needless to say, I am very worried about this!

Take no notice they are trying to frighten you into coming to some agreement with them.It is a civil matter so dont worry

[G54]

Some (many?) debt collection agencies will use all sorts of threats to get you to pay up. No way are the authorities going to approach the Thai immigration. That is laughable.

In reality they can get a County Court Order out against you for the debt and that will stay on file for 3 or is it 6? years after the debt is paid and obviously affect any future loans you might want to take out in the UK in the future.

Can you not make an offer in writing to the debt collection agency? It does not have to be an offer to pay a large amount of money each month. If accepted it will stop any court proceedings. Also if the Debt collection agency goes to court to seek an order against you the court will take into consideration you have made an offer and often tell the agency to accept the offer.

No offer and the court will see that you are making no effort at all to pay and act accordingly.

Is it really worth declaring yourself bankrupt over?

[ourmaninbangers]

I have a worrying question which i hope someone can help clarify for me-

I have a long outstanding debt to a UK Bank, not big, but enough. The debt collecting agency got my number here and has now said that if i don't pay it will be passed to the courts in UK to get a court order to approach immigration here and request the cancellation of any visas i have to stay in Thailand. I work here on a non B. Is this really possible ? Needless to say, I am very worried about this!

Yes it is. They arrested then deported a German bar owner from Pattaya recently because He owed 4 Million baht to credit cards.

They are getting tough in the Uk now and they also can change unsecured debt into secured debt and take your house...even though it was initially called an unsecured loan. It's called a change order.

Yes they can get you and the Thais will co operate.

Utter drivel.

Whilst it was always the case that the deliberate accumulation of debt with the intention to permanently deprive, known in the criminal calendar as conversion, an extraditable offence, would place one in jeopardy the OP is by no means within that compass. Unsecured debt can be charged to an asset if liability is not protected but then that was always the case but realising the asset is only possible within jurisdiction and if it exists.

Your post is alarmist and misleading in the context of the OP and is accordingly of little value. Your certainty is as misplaced as your ignorance is unwelcome.

not really drivel Sir

if you are dealing with really professional criminal's who are expert at debt recovery it would be extremely easy to really mess someones life up here

I have seen this done - a man I hate so do not care to expose was the head of the FCC here, he boasted about his connection's as many do, I saw him on his knee's in tear's promising to amend,he did, he simply had no option

it was not nice, but he had been extremely naughty and I almost thought at least this got his just desert's, but I did not like that innocent had to be threatened

On the other hand, know the right people and you should be okay

they do not giving a flying fXXX as brit's say about the law... and you wanna know something else, many in the banks turn a blind eye to how the money is returned

that is their main concern

[sushi5734]

Well lets hope the debt is sold to a thai credit recovery agent and the lad is banged up for theft, then deported.

Its not theft its a bad debt you might have strong opinions on paying back what you owe and I totally understand that, but its just not theft or any other criminal offence for that matter its just bad debt!!

So it's ok to take say £10K from a bank but not pay it back but not ok to rob the said establishment. Theft is THEFT. Full stop.

Its not theft, it is a civil matter hence the reason why debts are pursued through the civil courts, thats not an opinion its just a fact I base that on spending my entire career in the UK criminal justice system..........not in the dock you understand!!

Section 1 of the Theft Act 1968.

A person is guilty of theft if: he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

People may have strong opinions on people taking out loans and not repaying them but it is not in any way a criminal offence.....if you feel that strongly and want to make a criminal offence then get yourself elected!!

There is no way any bank or debt company is going to chase you all the way to thailand for 6k so don't worry about it affecting your visa.

And a loan to a mate is very differen to a bank loan in my opinion I doubt your mate is going to charge you interest!!

The reason the whole credit system is screwed it that too many unscrupulous companies lent money to people who couldn't afford to pay it back, becasue these companies are run by greedy scumbags with no morals!!

The financial services industry has over the last 10 years or increasingly targeted the poor uneducated people in society offering them the easy way to get a new Sofa, LCD TV or car that they would have never been able to afford, many are unable to resist the temptation and most fail to realise exactly how much they will end up paying back. Its very easy to say well don't get the tv car etc. but we are continually bombarded with images of this luxury lifestyle we are all supposed to aspire to and when some people are offered what seems at the time the easy option many take it.

They are charged ridiculous rates of APR because they are a high credit risk and of course when they fall behind they are charged outrageous 'admin' fees for a computer generated letters - a licence to print money!! These people are usually genuinly frightened by these companies phoning making threats that they have no power to carry out.

It sickens me that these people are allowed to continue with little regulation and monitoring, if money was lent responsibly then fewer people would fall into arrears.

[britmaveric]

At the end of the day you have to take responsibility for taking your own loans out, not the banks fault that you accept it. If everyone had the same idea - fk the banks I won't pay back what I borrow then banks simply will stop lending. PERSONAL RESPONSIBILITY - seems rather lacking from quite a few people on here.

[Petesear]

If I was the OP I'd be concerned about the people who are still receiving the debt collector's letters and threats of CCJs...

[mgjackson69]

But whereas the poor OP is to be censured it seems by the holier than thou brigade the banks who failed to pay their creditors are rewarded by limitless government bailouts.......

You are castigating "the banks" for not paying their creditors, yet advocating that the "poor OP" is quite justified in doing so.

Why the double standard?

[misterman21]

I have no sympathy at all for the banks

i have little sympathy for the banks too , but those who need loans have nowhere else to go ..... the original poster said that the only way he could survive was by borrowing from a bank..... and businesses that offer jobs and opportunities rely on banks for financing.

the more bad debts they have on loans , then the more regular people will suffer as loans become harder to obtain.

the selfish and irresponsible behaviour of the original poster will , in its small way , affect all those who need the services that banks can offer.

remember , it was your money , and my money , that the banks loaned to this joker in his time of need.

a bad risk is a bad risk , whether it be a 6000 pound loan to an irresponsible chancer who cant be found , or a 6 million pound loan to a hedge fund manager , so why is it all right to cheer on the chancer but crucify the hedge fund manager. they both squander our money.

it is the public who will suffer when they default.

And all of this self rightious rubbish from a nut with the Avator "tax exile"

[misterman21]

At the end of the day you have to take responsibility for taking your own loans out, not the banks fault that you accept it. If everyone had the same idea - fk the banks I won't pay back what I borrow then banks simply will stop lending. PERSONAL RESPONSIBILITY - seems rather lacking from quite a few people on here.

Now if you had your life savings deposited in the Bank of Iceland then who would you approach for their lack of PERSONAL RESPONSIBIITY

[taxexile]

You ( kharsi)are castigating "the banks" for not paying their creditors, yet advocating that the "poor OP" is quite justified in doing so.

Why the double standard?

because the aptly named kharsi has no idea how to construct a convincing case and is content to repeat the usual childish mantras spouted by those who think that those with the least are entitled to the most.

And all of this self rightious rubbish from a nut with the Avator "tax exile"

but at least i am right !!

Edited January 16, 2009 by taxexile

[rixalex]

At the end of the day you have to take responsibility for taking your own loans out, not the banks fault that you accept it. If everyone had the same idea - fk the banks I won't pay back what I borrow then banks simply will stop lending. PERSONAL RESPONSIBILITY - seems rather lacking from quite a few people on here.

Now if you had your life savings deposited in the Bank of Iceland then who would you approach for their lack of PERSONAL RESPONSIBIITY

I don't know who you would approach but i do know that you would be very angry and would do all you could to recover what was rightfully yours. Yes? So what's your point?

[kjhbigv]

At the end of the day you have to take responsibility for taking your own loans out, not the banks fault that you accept it. If everyone had the same idea - fk the banks I won't pay back what I borrow then banks simply will stop lending. PERSONAL RESPONSIBILITY - seems rather lacking from quite a few people on here.

They have stopped lending! But the good old British Tax Payer has bailed the banks out for their irresponsible and greedy behaviour. As for 'RESPONSIBILITY', do you think the banks have lent responsibly? I worked for a US Mortgage Lender in sub-prime lending in the UK (sorry everyone!) and I KNOW that all banks were interested in was lending money to absolutely anyone because they knew they could package up this debt and sell on at a substantial profit) to greedy Wall Street and City investors who did not have a clue what they were buying....all they thought of was profit....fact!

I have zero respect for the banking industry (even though I was in it for 20 yrs), many nearly went bankrupt ruining millions of peoples lives and it was only the UK Tax Payer that bailed them out of their own mess!

Those who are banging on about responsibility and pay your debts back etc etc need a reality check, we are in the selfish, capitalist 2009 society, not 1940!

[kjhbigv]

If I was the OP I'd be concerned about the people who are still receiving the debt collector's letters and threats of CCJs...

No worries at all, about 10 years ago, Experian/Equifax credit agencies etc updated their systems to 'alloacte' the debt to the individual by DOB and name to stop any problems against anyone else. The debt is registered against the property but modern credit referencing systems take this intoi account for anyone else who now lives at the said property.

In fact, why are they opening the OP's post!?

No worries!

[lifemagic]

You're more than welcome to use my sample form letter if you'd like:

___________________________________

Dear Debt Collection Agency,

Thank you for your recent communication informing me of your intention to have my visa cancelled and return me to England, to which I am in consent. You may begin the proceedings. My address is [insert thai address here].

May I also take this brief opportunity also to thank you for your time. I'm actually running out of funds in Thaiand, and was beginning to worry how I would afford the airfare back so I can declare myself bankrupt, find a job and make enough money to return, so you hard work is certainly appreciated.

I know it's a lot to ask, but is there any chance you could make it a business class ticket? It's just, I've been lying in deck chairs so long I don't think I could take the cramped space in economy... though I'll endure it if you're a bit short at the minute.

Thanks again for all your help and I'll look forward to hearing from you soon.

Yours sincerely,

A. Drifter.

[BEENTHEREDONETHAT]

You're more than welcome to use my sample form letter if you'd like:

___________________________________

Dear Debt Collection Agency,

Thank you for your recent communication informing me of your intention to have my visa cancelled and return me to England, to which I am in consent. You may begin the proceedings. My address is [insert thai address here].

May I also take this brief opportunity also to thank you for your time. I'm actually running out of funds in Thaiand, and was beginning to worry how I would afford the airfare back so I can declare myself bankrupt, find a job and make enough money to return, so you hard work is certainly appreciated.

I know it's a lot to ask, but is there any chance you could make it a business class ticket? It's just, I've been lying in deck chairs so long I don't think I could take the cramped space in economy... though I'll endure it if you're a bit short at the minute.

Thanks again for all your help and I'll look forward to hearing from you soon.

Yours sincerely,

A. Drifter.

That is a masterpiece that should be in the letter Hall of Fame, if there is such a thing.

Brilliant

[misterman21]

At the end of the day you have to take responsibility for taking your own loans out, not the banks fault that you accept it. If everyone had the same idea - fk the banks I won't pay back what I borrow then banks simply will stop lending. PERSONAL RESPONSIBILITY - seems rather lacking from quite a few people on here.

Now if you had your life savings deposited in the Bank of Iceland then who would you approach for their lack of PERSONAL RESPONSIBIITY

I don't know who you would approach but i do know that you would be very angry and would do all you could to recover what was rightfully yours. Yes? So what's your point?

You mean like - getting some dodgy debt collectors to phone them up and threaten them with BS or put a charge on their building or take them to court. Nice where you live is it

[rixalex]

You mean like - getting some dodgy debt collectors to phone them up and threaten them with BS or put a charge on their building or take them to court. Nice where you live is it

Not too bad thanks for asking.

Hypothetically speaking, what exactly would you do if someone you loaned money to fled and had no intention of ever trying to repay it? (this is a hypothetical so it's not necessary to tell us you wouldn't have loaned the money in the first place)

[misterman21]

You mean like - getting some dodgy debt collectors to phone them up and threaten them with BS or put a charge on their building or take them to court. Nice where you live is it

Not too bad thanks for asking.

Hypothetically speaking, what exactly would you do if someone you loaned money to fled and had no intention of ever trying to repay it? (this is a hypothetical so it's not necessary to tell us you wouldn't have loaned the money in the first place)

I could do what the banks do - see previous reply! Or I could seek legal recourse

[imaneggspurt]

Thank you, finally - britmaveric! It's fraud. If you can afford to repay, then repay. You owe the money.

Absolute crap !,. it is only fraud if the loan is taken out illegally, where do you guys get this drivel.

[britmaveric]

I suggest everyone not pay their debts and after all why should we pay back anything?

-do not pay your mortgage or rent

-do not pay your credit cards

-do not pay your car loans

-do not pay your bookie

-do not pay back your mate or family

-do not pay your medical expenses

-do not pay the child minder

[britmaveric]

Thank you, finally - britmaveric! It's fraud. If you can afford to repay, then repay. You owe the money.

Absolute crap !,. it is only fraud if the loan is taken out illegally, where do you guys get this drivel.

Fraud if you take out a loan with no intention of paying it back.

[theoldgit]

This thread has certainly opened up a can of worms, and I have been watching with interest, especially interested in the level of response.

I think there are three groups of people here, those who borrow with no intention of repaying and I would suggest that this criminal minded minority will blame the banks, indeed they will blame everyone bar themselves, though you may ask yourselves how on earth did they pass the banks credit checks.

Then there are the self righteous people who will decry everyone who finds themselves in financial difficulty, though in theory they are probably right, especially regarding those in my first category.

The third category, and I suspect the OP is in this group, took out a loan or ran up an overdraft with every intention of paying it back and his circumstances have now changed, and he is now not in a position to do so. You may ask why he is in Thailand asking the question on this forum rather than facing up to his responsibilities back in the UK, and I am sure his creditors will be asking the same.

I think the banks should ensure that such debts are managed in house rather than passing them onto these bully boy debt collectors, but you will probably find that the banks have exhausted all options before selling the debt, though I could be wrong.

I think that people in such a position as the OP should make a realistic offer of repayment even if it hurts a bit, in such circumstances the bank will probably accept a compromise, even if only 50%, certainly if a realistic offer has been made it is unlikely that they will be granted a court judgement.

Certainly £6k is not enormous for the banks but multiply it a number of times and you may see the route of the problem the world now faces.

Back to the question, as has been pointed out this debt seems to be a civil matter and whilst the debt collectors will use whatever bully boy tactics they can think of, they have no jurisdiction in Thailand, nor can they get your visa revoked. In fact a County Court has no jurisdiction in Thailand, especially as it seems your creditors are aware of your address in Thailand.

I would contact one of the many organisations in the UK who can advise people in your position, such as National Debtline, they will give realistic advice as well as advising you on the law, I certainly wouldn't inflame the situation by sending sarcastic letters informing your creditors how comfortable you are here in Thailand, as satisfying as it might be, it might come back to haunt you, and it's not going to go away.

[misterman21]

I suggest everyone not pay their debts and after all why should we pay back anything?

-do not pay your mortgage or rent

-do not pay your credit cards

-do not pay your car loans

-do not pay your bookie

-do not pay back your mate or family

-do not pay your medical expenses

-do not pay the child minder

Dont pay the bookie Your far from maverick mate - just s little dim

Edited January 18, 2009 by misterman21

[imaneggspurt]

I suggest everyone not pay their debts and after all why should we pay back anything?

-do not pay your mortgage or rent

-do not pay your credit cards

-do not pay your car loans

-do not pay your bookie

-do not pay back your mate or family

-do not pay your medical expenses

-do not pay the child minder

Sounds about right for a lot in pattaya !